Rajasthan High Court
Ramkesh Meena Son Of Soji Lal Meena vs State Of Rajasthan (2024:Rj-Jp:11153) on 4 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:11153]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1207/2024
1. Ramkesh Meena Son Of Soji Lal Meena, Aged About 25
Years, Resident Of Village Dhanoogaon, Nainwa, District
Bundi (Raj). ( At Present Confined In Central Jail, Jaipur).
2. Durgesh Meena Son Of Kanhaiya Lal Meena, Aged About
23 Years, Resident Of Kolaheda, District Bundi (Raj). ( At
Present Confined In Central Jail, Jaipur).
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Moti Lal Meena Son Of Ramkishore Meena, Aged About 24
Years, Resident Of Village Post Sunawa, Tehsil Niwai,
Police Station Niwai Sadar, District Tonk (Raj).
----Respondents
For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Hari Ram Gurjar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/03/2024
1. The complainant is present in person before the Court and he has been duly identified by his counsel.
2. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.97/2024 registered at Police Station Shivaspura, Jaipur City (South) for the offence punishable under Section 392 of IPC.
3. Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a (Downloaded on 07/03/2024 at 08:44:48 PM) [2024:RJ-JP:11153] (2 of 2) [CRLMP-1207/2024] compromise with the complainant. The affidavit sworn by the complainant has been annexed with this petition as Annexure-2. Learned counsel has relied upon the judgment of Hon'ble Apex Court in the case of Shiji @ Pappu & Ors. Vs. Radhika & Anr. reported in (2011) 10 SCC 705.
4. Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position.
5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604] and in Shiji @ Pappu & Ors. Vs. Radhika & Anr. (2011) 10 SCC 705, the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.
6. In view of the above, this criminal misc. petition is allowed and the FIR No.97/2024 registered at Police Station Shivaspura, Jaipur City (South) is quashed and set aside. Consequence to follow.
7. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J 44-Nirmala (Downloaded on 07/03/2024 at 08:44:48 PM) Powered by TCPDF (www.tcpdf.org)